County Board Votes 14-9 To Prohibit Recreational Pot Business in Unincorporated Areas

County Board Votes 14-9 To Prohibit Recreational Pot Business in Unincorporated Areas

/ November 13, 2019 / Comments Off on County Board Votes 14-9 To Prohibit Recreational Pot Business in Unincorporated Areas / Business, Consumers, Crime and Safety, Education, Government, Kane County, Public Safety

After Jan. 1, Kane County residents will be able to legally purchase marijuana and businesses will be able to “dispense, cultivate, process, infuse, transport and grow” the drug — but only within the boundaries of cities or villages that give the OK.

Consumers and prospective entrepreneurs won’t be able to do those things in unincorporated areas of Kane County.

The County Board on Tuesday (Nov. 12, 2019) voted 14-9 to prohibit marijuana business establishments in areas under county jurisdiction.

Had county officials decided to allow such businesses, the county could have issued a tax of 2.5%.

County Board members differed in opinion regarding the potential crime that might take place, the cost of additional law enforcement, the tax revenue benefits and positive or negative economic impacts if marijuana-related businesses were allowed in rural areas.

For additional information, see the “Read More” links provided below.

In late May, the state of Illinois passed legislation to legalize marijuana beginning Jan. 1, 2020.

Below is the full text of the ordinance approved Tuesday by the Kane County Board.

ORDINANCE NO. 19 – 415

PROHIBITING CANNABIS BUSINESS ESTABLISHMENTS

WHEREAS, the County of Kane, a body politic and corporate of the State of Illinois (“Kane County”) is a non-home rule unit of local government pursuant to Article VII, § 8 of the 1970 Illinois Constitution; and

WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, Public Act 101-0027, which provides that the County has the authority to enact ordinances to prohibit or significantly limit a cannabis business establishment’s location; and

WHEREAS, the County has determined that the operation of cannabis business establishments would present adverse impacts upon the health, safety and welfare of the residents and public, and additional costs, burdens and impacts upon law enforcement and regulatory
operations of the County; and

WHEREAS, the County seeks to amend the Kane County Zoning Ordinance to reflect that determination.

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board as follows:

SECTION 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

SECTION 2. Cannabis Business Establishments Prohibited. Chapter 25, Article 25: Zoning of the Kane County Code (“the Kane County Zoning
Ordinance”) shall be amended in accordance to Section 4.7 Amendments by the addition of Article XVII that will read as follows:

Cannabis Business Establishments Prohibited

1. Definitions. The following words and phrases shall, for the purposes of this Article have the meanings respectively ascribed to them by this section, as follows:

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of
selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified, registered medical cannabis patients and care-givers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabisinfused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporated cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

PERSON: Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent.

2. Cannabis Business Establishments Prohibited. The following Adult-Use Cannabis Business Establishments are prohibited in the County of Kane. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the County of Kane any of the following:

  • Adult-Use Cannabis Craft Grower
  • Adult-Use Cannabis Cultivation Center
  • Adult-Use Cannabis Dispensing Organization
  • Adult-Use Cannabis Infuser Organization or Infuser
  • Adult-Use Cannabis Processing Organization or Processor
  • Adult-Use Cannabis Transporting Organization or Transporter

3. Public Nuisance Declared. Operation of any prohibited Cannabis Business Establishment within the County in violation of the provisions of this Article is hereby declared a nuisance as defined by Kane County Code Chapter 15, Article 15, and Sections 15-1 and 15-2 and shall be abated pursuant to all available remedies.

4. Violations. Violations of this Article may be enforced in accordance with the Enforcement and Penalties (25-4-10, et seq.) provisions of this Ordinance.

SECTION 3. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.

SECTION 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law.

Passed by the Kane County Board on November 12, 2019.

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